
WHAT’S NEW
HB 2844, like its counterpart bill in the Senate, also seeks to establish government price control mechanisms to regulate or control the prices of drugs and medicines “when the public interest so requires” even in the absence of any declared national health emergency.
At the outset, the Pharmaceutical and Healthcare Association of the Philippines (“PHAP”) respectfully states that it agrees fully with the laudable intention of the House of Representatives to promote the people’s right to health and that it supports the government’s continuing efforts to improve the general healthcare situation of the country. This is a legitimate aspiration and PHAP is doing its share in promoting this objective. Having said that, PHAP believes that the proposed amendments to the aforementioned laws will not automatically translate to improvements in healthcare in the Philippines. In fact, PHAP submits that there are very serious safety and health welfare issues that could arise with the enactment of the proposed legislation for which the Philippines, as of this time, is ill-equipped to handle for lack of proper infrastructure and adequate administrative mechanisms. Furthermore, PHAP is compelled to comment on certain provisions of HB 2844 as being discriminatory and violative of the due process and equal protection clauses of the Constitution, in addition to being inconsistent with some of the international treaty obligations of the Philippines.
For a thorough assessment of the issues concerning the proposed legislation and its impact on health
research and development and on the
overall healthcare situation in the country, PHAP therefore respectfully submits this position paper and
requests the Honorable Members of the
House of Representatives to consider the following points during the deliberations of HB 2844:
Download PHAP's Advocacy
Position Paper on House Bill No.
2844
ABOUT PHAP
The Pharmaceutical and Healthcare Association of the Philippines (PHAP) is a business association representing the providers of most of the country's medicines. Members include the country's leading research-based companies of pharmaceuticals and medical services. Membership today total 64 Filipino and international companies. PHAP is a non-profit, non-stock organization founded in 1946.
AFFILIATIONS
PHAP is a member association of the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) and the World Self Medication Industry (WSMI) which are both based in Geneva.
IFPMA- The PHAP is the only member in the Philippines of the International Federation of Pharmaceutical Manufacturers and Associations. The IFPMA is non-profit, non-governmental organization representing industry associations in both developed and developing countries. IFPMA Member Companies are the major global research-based pharmaceutical and vaccine companies.
WSMI- The World Self-Medication Industry is a global federation of associations representing manufacturers and distributors of non-prescription medicines, which seeks to promote better health through responsible self-medication.
The IFPMA and the WSMI are NGOs in official relations with the World Health Organization.
CODE OF PHARMACEUTICAL MARKETING PRACTICES
As a prerequisite for membership, PHAP member companies are committed to adhere to the IFPMA code of Pharmaceutical Marketing Practices, the PHAP Code of Pharmaceutical Marketing Practices and its Implementing Guidelines and the Code of Advertising to the Public for OTC (over-the-counter or non-prescription) medicines.
GOALS AND OBJECTIVES
To assure that its members manufacture and supply medicines, medical and hospital equipment, devices and supplies of the highest standards of quality.
To foster strong business ethics acceptable to the pharmaceutical and healthcare industry and all shareholders including society at large.
To foster closer relationship and cooperation among its members in solving common problems.
To disseminate information and develop understanding on matters affecting the pharmaceutical and healthcare practitioners.
To represent the pharmaceutical and healthcare industry before the Filipino people, the healthcare professions, the government and any of its agencies.
MISSION VISION
The mission of PHAP is, through its members, to make quality medicines and medial devices available for the Filipino people and to work together with both the healthcare professions and the government in improving the quality of life and life expectancy of all people in the Philippines.
PHAP AND PHAPCARES FOUNDATION, INC.

Consistent with good corporate citizenship, albeit little known to the public are the special PHAP programs which are now handled by the PHAPCares Foundation.
PHAPCares Foundation, Inc. is the philantrophic arm of PHAP. Since its inception in 2003, the Foundation has forged a partnership with the Department of Health (DOH), wherein PHAPCares donates Php 100 million worth of quality, essential medicines yearly for distribution by the DOH to indigent patients, free of charge, in 72 government hospitals nationwide.
In addition, the Foundation has entered into a similar partnership with the National Disaster Coordinating Council (NDCC) wherein it donates some P20-million worth of medicines every year for distribution to disaster victims in calamity areas.
PHAP through its Foundation coordinates the efforts of its members to provide assistance for relief work in the aftermath of calamities, in cooperation with other national organizations and projects of government agencies.
Likewise the PHAP coordinates the participation of its member companies in special healthcare activities such as the national immunization campaign against polio and measles. Outreach programs providing healthcare to the poor sector of the population are regularly implemented by members of the medical profession.
Know more about PHAPCARES
PHAPCares Foundation Inc. (“PHAPCares”) is a non-profit, non-stock private organization established by a
group of pharmaceutical and healthcare
companies who are members of the Pharmaceutical & Healthcare Association of the Philippines (“PHAP”).
Incorporated in 2003, PHAPCares is
mandated to become the social development and philanthropic arm of PHAP with the responsibility of setting
up and managing the association’s
integrated medicine donation program for indigent and other disadvantaged Filipinos. All member companies
of PHAP are mandated to become members
of PHAPCares as well.
Visit PHAPCares website www.phapcares.com
PHAP AND THE DEPARTMENT OF HEALTH (DOH)

PHAP considers itself a partner to the DOH in addressing the health care needs of Filipinos. Together with the DOH and the Bureau of Food and Drugs (BFAD), PHAP shares the aspiration of making good quality medicines available for all people in the Philippines. PHAP would like to fulfill its role as partner to the DOH and various medical societies in promoting effective and safe health care practices in the Philippines.
PHAP is an active partner in improving accessibility of medicines to the poor and in addressing health care management challenges, fighting against the dangerous and life-threatening practices of counterfeit or fake medicines and poor quality generic products.
PROGRAMS AND ADVOCACIES
The PHAP serves its Member Companies primarily by maximizing their collective ability as an industry to address, with maximum effectiveness, the complex and dynamic social, economic and political environment in which they operate. Through the years, the PHAP has championed the industry’s position on a range of healthcare issues and concerns, including developments with major implications for the sector’s ability to participate in providing quality healthcare.
Following are PHAP’s thrusts and programs:
Commitment to a free market environment
As the representative of a sector which is built on private sector innovations that are made possible by free enterprise, the PHAP has consistently demonstrated a commitment to upholding a free market environment in the country, as the best playing field for providing quality healthcare in the long term.
Industry cooperation, partnerships with public and private sectors

As a priority, the PHAP has continuously strengthened cooperation and partnerships with both the public and private sectors. As regards the public sector, the PHAP is a key player in addressing relevant concerns in both houses of Congress; it also works closely with agencies of the executive branch such as the Department of Health and especially its regulatory arm, the Bureau of Food and Drugs, as well as the Department of Trade and Industry, the Bureau of Customs, the Tariff Commission and other government offices. In the private sector, the PHAP maintains working relationships with other partners in healthcare, such as healthcare professionals and hospitals.
BFAD - Industry partnership

The PHAP has played a major role in promoting BFAD-Industry cooperation, notably the establishment of a permanent, joint working group to resolve issues and concerns involving regulatory matters, and management systems and procedures. The PHAP has assisted the BFAD in meeting requirements for more personnel to address backlogs in product registration.
Intellectual property protection
PHAP has campaigned successfully for full pharmaceutical patent protection in the face of legislative efforts to dilute IP protection in 1960s, the 1990s, and even the present time. The Association was at the forefront in crafting the country’s Intellectual Property Code, a comprehensive law for the protection of various types of intellectual property. Currently, the PHAP is a vigorous participant in ongoing Senate debates on proposed amendments to pharmaceutical patent protection, which is provided by the Intellectual Property Code.
Generics Act of 1988
At the time of the passage and initial implementation of the Generics Act of 1988, the PHAP in cooperation with other concerned sectors successfully opposed mandatory generics-only prescribing, and upheld the inclusion of brand names in prescribing if desired by the physician, along with the mandatory use of generic names.
Passage of RA 8203 or the Special Law on Counterfeit Medicines
The PHAP is on the frontlines in combating counterfeit drugs, in cooperation with the Department of Health, the BFAD, law enforcement agencies and other public and private entities. The PHAP also works with international organizations such as the World Health Organization and the International Federation of Pharmaceutical Manufacturers and Associations to address counterfeit drugs. Over a period of seven years, the PHAP initiated efforts that culminated in the passage of RA 8203 in 1996. The special law updated definitions and penalties for counterfeit drugs, including parallel imports. In addition, the PHAP has organized two multi-sectoral conferences on counterfeit drugs in the country and continues to participate actively in programs against drug counterfeiting.
Derived Home Consumption Value for medicines
The PHAP spearheaded the formulation of a derived Home Consumption Value for medicines that rationalized import duties during the implementation of the new HCV system in the 1990s. The formulation prevented serious distortions in the pricing of medicines.
Medical Representatives Accreditation Program (MRAP)

In order to promote the proficiency of the industry’s Medical Representatives in providing doctors with quality and adequate scientific information on pharmaceuticals in line with legal and ethical requirements, the PHAP led the establishment of the Medical Representatives Accreditation Program (MRAP) in the country. The MRAP, a major PHAP initiative, is a standard reference and training activity.
Diagnostics section for PHAP Member Companies
In order to represent the healthcare sector more effectively, the PHAP has established a section for diagnostics manufacturers and suppliers, making them eligible for membership in the Association and affording them its resources and services, especially with regard to regulatory matters.
Support for national immunization, public awareness on SARS and Avian flu
Over the years, the PHAP has collaborated with the Department of Health in national immunization campaigns against childhood illnesses such as polio and measles, by orchestrating the participation of industry personnel and the availability of transportation. Similarly, the PHAP recently has mounted public awareness campaigns promoting knowledge about SARS and avian flu.
Participation in ASEAN harmonization system
At present, the PHAP is closely involved with the Bureau of Food and Drugs in the revision of Administrative Orders, Bureau Circulars and other issuances pertaining to the registration of pharmaceutical products to make these compliant with ASEAN harmonized registration standards. The Association has also been represented in meetings of the ASEAN Consultative Committee on Standards and Quality-Pharmaceutical Products Working Group (ACCSQ-PPWG).